Digital Commons Network^™

In The Belly Of The Beast:The Struggle For Abortion Rights And Reproductive Freedom In El Salvador, Cho, Karen Hyunbee

Santa Clara Journal of International Law

El Salvador maintains one of the most restrictive abortion regimes globally. Abortion is prohibited in all circumstances, and women who undergo the procedure may face prosecution for aggravated homicide, punishable by sentences of up to fifty years’ imprisonment. Healthcare professionals who assist with such procedures can likewise face criminal liability, with penalties of up to twelve years of imprisonment. This article concerns the case of a woman named Beatriz (surname unlisted) in El Salvador who sought an abortion in 2013 when she was medically diagnosed with a high-risk condition and an anencephalic fetus during her pregnancy. She was denied her …

Tribute To John Humbach, Thomas E. Humbach

Pace Law Review

No abstract provided.

Peerless John Humbach: An Original Thinker, Nicholas A. Robinson

Pace Law Review

No abstract provided.

Dean's Remarks, Horace E. Anderson Jr.

Pace Law Review

No abstract provided.

Three Economist’S Tools For Antitrust And Merger Analysis: Case Applications, Russell W. Pittman

Yearbook of Antitrust and Regulatory Studies

This paper presents a non-technical introduction to three economic tools that have in recent years become widespread in competition law enforcement in general and in the analysis of proposed mergers in particular: critical loss analysis, upward pricing pressure, and the vertical arithmetic. In addition, for each tool, its use in a recent U.S. merger case is illustrated: for critical loss analysis, the Novelis/Aleris merger; for upward pricing pressure, the GE/Electrolux merger; and for the vertical arithmetic, the Comcast/NBCU joint venture.

Digital-Era Dawn Raids And Proportional Enforcement Approach, Ahmed Saim Pehlivanli, Zeki Emre Kurt

Yearbook of Antitrust and Regulatory Studies

Dawn raids remain a cornerstone of competition law enforcement, yet their execution has grown complex in the digital era. Messaging platforms and remote devices increase the risk of on-site deletions, prompting authorities in Türkiye and the EU to adopt a strict-liability stance: any deletion after inspections begin is treated as obstruction per se, regardless of intent, recoverability or probative loss. While this maximises deterrence, it raises concerns of proportionality, privacy and legal certainty. This article argues that enforcement can remain effective and proportionate by shifting towards a harm-sensitive model. Drawing on Turkish and EU decisions, it highlights outlier cases in …

Brief Of Notre Dame Education Law Project, Notre Dame Program On Church, State & Society, And Lindsay And Matt Moroun Religious Liberty Clinic Amici Curiae In Support Of Petitioners, Richard W. Garnett, Nicole Stelle Garnett, John A. Meiser

Court Briefs

No. 25-802
Foothills Christian Ministries v. Kim Johnson

On Petition for Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit

From the Summary of Argument

The First Amendment guarantees religious institutions the power to conduct their internal affairs. Our Lady of Guadalupe School v. Morrissey- Berru, 591 U.S. 732, 746 (2020). See also Cath. Charities Bureau, Inc. v. Wisconsin Lab. & Indus. Review Comm'n, 605 U.S. 238, 249 (2025); id. at 255 (Thomas, J., concurring). This principle of self-governance, known as the church autonomy doctrine, is an essential feature of the Constitution’s …

What Is Happening In The World Today And Why: Humanity’S Evolving Consciousness And The Role Of Archetypal Energies As Guides During An Unfolding Weeding Out And Alignment Process, Carroy U. Ferguson

Psychology Faculty Publication Series

What is happening in the world today and why? Humanity is evolving its consciousness at individual and collective levels. Given these seemingly tumultuous times, as of this writing (January 2026), to make such a statement may sound like a strange thing to say. However, I suggest that if you are alive today and if you are reading these words, these are the very times for which you were born--to assist Humanity as it evolves its consciousness with your unique gifts, whatever they may be. That is, this period of our individual and collective human being-ness may be characterized as an …

Genai And Repowereu: A Legal Framework For The Digital Transformation Of The Eu Energy Systems, Francesco Spera

Yearbook of Antitrust and Regulatory Studies

This contribution examines the potential and challenges of utilising AI, particularly generative AI, to accelerate the energy transition. To achieve this, the study considers the application of GenAI within the REPowerEU framework. The plan highlights the transformative role of digital technologies such as AI, IoT, data analytics, and cloud computing in orchestrating energy assets and improving grid management. In this context, GenAI has emerged as a revolutionary paradigm, enhancing system intelligence and efficiency. The paper assesses the deployment of GenAI under the REPowerEU legal framework, including the AI Act and sector-specific energy legislation. The contribution identifies the dual legal basis …

Doctrinal Intent Versus Institutional Reality: The Gulf Countries' Antitrust Objectives, Nora Memeti

Yearbook of Antitrust and Regulatory Studies

This paper examines the intriguing contrast between the ambitious goals of antitrust laws in the Gulf countries and the reality of their enforcement. While this region seeks to protect competition and curb monopolistic practices, only Kuwait and the Kingdom of Saudi Arabia (KSA) have made significant strides in achieving these ideals.

Through a comparative legal analysis, this paper examines how the statutory objectives of competition law in Qatar, Bahrain, Oman, and the UAE often remain more rhetorical than substantive, with enforcement primarily symbolic. In contrast, Saudi Arabia demonstrates some enforcement activity, although its alignment with legislative objectives remains uncertain. Kuwait's …

Seeing Beyond The Words: What Interdisciplinary Methodologies Reveal About International Law, Matthew S. Erie, Mark Pollack, Wolfgang Alschner, Beth Simmons, Katerina Linos

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: On April 24, 2025, the International Law and Social Science Interest Group debuted at the ASIL Annual Meeting with a panel that posed a deceptively simple question: how can social science tools advance the work of international lawyers? Chaired by Chantal Thomas, the session brought together Matthew Erie, Wolfgang Alschner, Beth Simmons, and Katerina Linos— scholars who bridge doctrinal and empirical inquiry—to show how ethnography, computational text analysis, counterfactual inference, and mixed-method design can illuminate legal puzzles that doctrine alone cannot solve. The four short essays in this symposium provide parallel illustrations of this core theme: Erie’s ethnographic approach …

Mapping The Mechanism For Trade Dispute Resolution In The Bilateral Free Trade Agreement Between Indonesia And Partner Countries, Garuda Wiko, Fatma Muthia Kinanti

Indonesian Journal of International Law

Indonesia actively promotes international trade liberalization through various free trade agreements (FTAs) with partner nations. This study focuses on the dispute settlement mechanisms (DSM) within Indonesia’s bilateral FTAs, given that most partners are members of the World Trade Organization (WTO), making this relevant comparison. The research is divided into three main parts: explaining international trade dispute settlement mechanisms, mapping DSMs in Indonesia’s FTAs, and a comparative analysis. It aims to answer how dispute settlement mechanisms are structured in Indonesia’s bilateral FTAs. Based on the mapping, it is found that the majority of Indonesia’s bilateral FTAs align with WTO dispute resolution …

Divorce Of International Mixed Marriage And Marriage Held Abroad And Indonesian Private International Law, Tiurma M. Pitta Allagan

Indonesian Journal of International Law

The unstoppable tide of globalism not only brings an increasing commercial interconnectivity between nations, but also bonds of matrimony, and in turn, the chance of divorce. Indonesian courts entertaining international divorce cases is certainly not a rarity, neither divorce of the international mixed marriage nor the marriage that was held abroad. With two recent divorce cases having a foreign element, Indonesian courts declared having no jurisdiction under grounds of “litis pendentie” and forum non-convenience, including one by the Indonesian Supreme Court. In three other cases, the courts, after addressing the preliminary question of marriage, applied the “lex fori”, or Indonesian …

Investment Arbitration: On The Availability Of The State Counterclaim, Syamsul Maarif, Latif Mustofa, Alfi Husni

Indonesian Journal of International Law

This paper explores the availability and significance of state counterclaims in international investment arbitration, a mechanism typically perceived as favoring investors. While investor-state dispute settlement (ISDS) provides foreign investors with powerful legal recourse, it has led to concerns over the asymmetry in investor-state relations, often perceived as skewed against host states. By allowing states to file counterclaims, a more balanced and sustainable arbitration framework can be achieved, discouraging baseless claims and promoting fairness. The analysis draws on arbitration rules of major tribunals, including the ICSID and UNCITRAL frameworks, and reviews notable cases such as Metal-Tech v. Uzbekistan, Al-Warraq v. Indonesia, …

Emergency War Arrangements In Asean: A Comparative Analysis, Ardi Susanto, Qurrata Ayuni

Indonesian Journal of International Law

The Hague Conventions include a general participation clause and is regarded as customary international law, meaning that ASEAN countries are considered bound by the norms contained within the convention. The declaration of war as stated in the Hague Convention III of 1907 was adopted in Article 11 paragraph (1) of the 1945 Constitution of the Republic of Indonesia, which, to date, has not provided further regulations governing the implementation of legislative and executive powers concerning the declaration of war. Therefore, it is necessary to look at the constitutional arrangements for the state of war in ASEAN countries through comparative law …

Legal Implications Of The Mauritius V Maldives Case On The Delimitation Of Archipelagic States, Aishath Ruhsha Nasheed, Mohd Hisham Mohd Kamal

Indonesian Journal of International Law

Maritime boundary delimitation is a complex field of international law characterized by uncertainty and unpredictability. Historically, States have relied on case law to develop and elaborate on the ambiguous provisions stipulated under the United Nations Convention on the Law of the Sea (UNCLOS) concerning maritime boundary delimitation. However, case law related to the maritime delimitation of archipelagic States is limited, leading to conflicting interpretations of the basic principles of maritime delimitation in the context of archipelagic States. This paper aims to examine the legal implications of the latest Mauritius v. Maldives case on the maritime boundary delimitation of archipelagic States. …

The Structural Obligations Approach To Human Rights, David Birchall

Indonesian Journal of International Law

This paper starts from the observations that access to socio-economic rights is retrogressing in many wealthy states and that human rights argumentation is failing to address the causes of this retrogression. The paper locates a core reason for this failure in an imbalance between narrow but forceful claim rights and inclusive but imprecise structural approaches. It builds a form of rights practice that merges the strength of each approach. It is predicated on five key principles: structural obligations should identify discrete rights-based problems that engender specific obligations upon feasibly obligated duty-bearers to make practicable changes to conduct to realise rights …

Disbarment Disparities: How Law School Prestige Affects Disbarment Rates, Michael Conklin, Christopher Houston, Gayle Randall

Journal of Business & Technology Law

No abstract provided.

Reinforcement Learning: A Paradigm Shift In Ai Training And Its Competitive Implications, Elena Ponte

Journal of Business & Technology Law

No abstract provided.

When Steamboat Willie Drifts Into Public Waters: Disney’S New Character Dilemma And What It Can And Cannot Do When Classic Characters Go Public, Logan D. Marx

Journal of Business & Technology Law

No abstract provided.

Game Changer: College Athletes’ Employee Status In Light Of Johnson And The Changing Ncaa Landscape, Emily C. Bracht

Journal of Business & Technology Law

No abstract provided.

Put Your Money Where Your Vote Is: An Analysis Of Election Betting In The United States, Ellelyshia Ardo

Journal of Business & Technology Law

No abstract provided.

The Business Bankruptcy “Big 3” And The Unanticipated Benefits Of Subchapter V, Marshall V. Ringwood

BYU Law Review

The liberal bankruptcy venue rules in the United States have their defenders and advocates. Subchapter V of the Bankruptcy Code came into effect in 2020, justified as a bipartisan solution to a longstanding problem in corporate bankruptcy where restructuring under Chapter 11 was prohibitively expensive for small-business debtors. On June 21, 2024, Subchapter V’s extended debt limit of $7,500,000 in liabilities reverted back to a statutorily defined $3,024,725. In addition to the justifications offered by organizations such as the American Bankruptcy Institute (ABI) for both Subchapter V, generally, and a permanent increase to its debt limit, I argue that Subchapter …

Competition Law In The Age Of Sustainability: Regulatory Challenges And Strategic Responses, Emrah Kulakli, Serhat Yüksel, Serkan Eti, Hasan Dinçer

Yearbook of Antitrust and Regulatory Studies

The increasing emphasis on sustainability has intensified tensions with competition law, particularly when cooperative initiatives create risks for market competition or consumer welfare. The main challenge is to identify regulatory strategies that balance sustainability objectives with competitive market principles. This requires a systematic assessment of both sustainability benefits and competition related risks. Existing studies largely rely on legal discussions or case-based evaluations and provide limited quantitative guidance for prioritizing regulatory approaches. This study addresses this gap by proposing a structured decision-making framework to reduce conflicts between sustainability goals and competition law. A hybrid model is developed by integrating spherical fuzzy …

Antara Idealisme Dan Pragmatisme: Hukum Yang Efisien Sebagai Sarana Pembangunan, Reynaldi S. Prayoga

Jurnal Hukum & Pembangunan

This articles aims to analyze the Development Law Theory through the lens of efficiency in Economic Analysis of Law (EAL), particularly by employing the concept of welfare maximization and offering legal criteria as a means of development. The Development Law Theory formulated by Mochtar Kusumaatmadja emphasizes the function of law as an instrument of social reform to support national development. In practice, however, the will of those in power claimed to be part of the development agenda has often been justified through the use of legal instruments, thereby riskingthe obscuring of social objectives of development itself. This is due to …

Fight For Your Right: An Analysis Of A Musician’S Ability To Terminate A Copyright Assignment Of A Music Recording, Ian Waldron

Journal of Intellectual Property Law

In 2019, musicians joined together to launch two separate lawsuits against Sony Music Entertainment (“Sony”) and Universal Music Group (“UMG”) after the record labels ignored the musicians’ copyright termination notices. Copyright termination is a powerful tool that allows the original owner of a work, under some circumstances, to regain possession years after they have assigned it to another party. To defend their actions, UMG and Sony countered that since the recordings were created under a record deal, they were works for hire and the musicians acted as employees. Therefore, under the record label’s theory, the musicians would have no ownership …

Pills, Powders, And Proprietary Blends: The Ip And Regulatory Battle Over Dietary Supplement Transparency, Anna Marie Saunders

Journal of Intellectual Property Law

Available in the form of pills, powders, gummies, bars, and countless other options, dietary supplements have become a cornerstone of the health and wellness industry and a popular product amongst health-conscious consumers. Fueled by the rise of social media influencers and a surge in health-awareness following the COVID-19 pandemic, the supplement industry has experienced rapid growth, evolving into a multi-billion-dollar market.  While widely embraced, these products often face criticism due to labeling and marketing practices that leave  consumers with an incomplete understanding of exactly they are consuming.  This tension arises from the unique legal intersection governing dietary supplements.  These products …

A Shareholder’S Guide To Blowing Up 100 Years Of Delaware Corporate Law: Intellectual Property And Corporate Governance After Delaware Senate Bill No. 313, Avery C. Hill

Journal of Intellectual Property Law

This note examines the intersection between shareholders agreements and intellectual property ownership in Delaware corporations after Delaware Senate Bill No. 313. Delaware corporate governance law has created extensive statutory and case law balancing the competing interests of corporate actors. The board of directors maintains an exclusive right to manage the affairs of a corporation, unless otherwise provided in the certificate of incorporation. Delaware law defers to director’s management authority through the business judgement rule, but fiduciary duties govern a director’s responsibly to shareholders. Shareholders maintain rights such as voting for the board of directors, receiving distributions, and selling shares, but …

Victims’ Rights Or The Public’S Right To Know: Rethinking The Boundaries Of The Right Of Publicity In True Crime, Millicent F. Dye

Journal of Intellectual Property Law

Advancements in technology and the development of new online platforms have paved the way for true crime to become one of the most popular genres today. While some believe true crime content is akin to news reporting, others have raised ethical concerns and believe that victims’ identities should be protected by a right of publicity.  The key is to find a balance between protecting victims and protecting free speech. This Note explores the right of publicity laws in a select few countries and addresses the shortcomings of the current approaches. This Note asserts that certain true crime content must be …

Unplugging The Federal Right Of Publicity: Why Existing Laws Can Protect Artists Without A Federal Right Of Publicity, Ashley L. Burgess

Journal of Intellectual Property Law

The rapid rise of artificial intelligence(AI)in music creation has sparked concern over how the rights of artists can remain adequately protected from unauthorized uses of their voices, likeliness, and stylistic elements. A popular proposed solution to this complex problem is the creation of a federal right of publicity. Proponents of this solution stress that it would provide artists with a unified legal framework to better protect the commercialized use of their identity.

This paper argues that a federal right of publicity is neither necessary nor the most efficient solution to address the challenges posed by AI music. A federal right …